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1. Poutu v McDonald - Kaipakopako 2C2 (2024) 487 Aotea 78 (487 AOT 78).pdf [pdf, 230 KB]

   ...McDonald did not deny he has continually refused to complete bank documentation. He claims that there are wider issues with the Trust and the whenua that remain unresolved and until they are resolved his position will remain the same. Ngā ture The law [8] I may only remove a trustee per s 240 of the Act if one or more grounds exist as set out in s 240(1)(b) of the Act.3 [9] If I am satisfied that one or more of the grounds has been met, then I must consider whether removal is...

2. Bamber v Monschau - Tahorakuri A No 1 Section 33A2 [2016] Maori Appellate Court MB 363 (2016 APPEAL 363) [pdf, 183 KB]

   ...farm, it has not been spent there. [17] The appellants also contended that penalty tax will be incurred and question who will be accountable for those penalties. [18] Further, the appellants questioned the costs incurred in the proceedings. The Law [19] Section 79(1) of the Act provides: 79 Orders as to costs (1) In any proceedings, the court may make such order as it thinks just as to the payment of the costs of those proceedings, or of any proceedings or matters incidental o...

3. Data highlights for children and young people June 2018 [pdf, 552 KB]

   ...people (aged 14 - 16) who have charges finalised in any court from the year ending June 1993 (1992/1993) to the year ending June 2018 (2017/2018).2 Youth justice system The majority of children and young people who get into trouble with the law don't go to court, but are instead dealt with by Police in the community. This could mean getting a Police warning or being referred to Police Youth Aid. A family group conference happens in more serious circumstances where the Po...

4. Western Bay of Plenty District Council - Rangiuru 1A 7B 8B1 Residue (2018) 181 Waiariki MB 157 (181 WAR 157) [pdf, 268 KB]

   ...[3] The matter was heard before me on 2 February 2018.1 At the hearing, I indicated that my preliminary view was that the block appeared to be Māori freehold land. However, I reserved my decision for further research to be undertaken. The Law [4] Pursuant to s 131 of Te Ture Whenua Māori Act 1993 the Court has jurisdiction to determine, and declare by status order, the status of any parcel of land. Section 129(2) and (3) are also relevant: 129 All land to have particular s...

5. About family violence and Protection Orders [pdf, 453 KB]

   ...to you. Anyone aged 16 or over may apply for a Protection Order. How do I apply for a Protection Order? It’s free to apply for a Protection Order. You need to file an application with the nearest Family Court. You may find it helpful to get a lawyer or your local Community Law Centre to help you fill out the application form and write your affidavit (your statement that says why you need a Protection Order). You can get the application form, and guidance on how to complete it, fro...

6. Naera v Fenwick - Whakapoungakau 24 Block (2016) 154 Waiariki MB 254 (154 WAR 254) [pdf, 156 KB]

   ...Appearances: F Geiringer and D Hall for the Applicants M Kyriak for the Third Respondents Judgment: 20 December 2016 INTERIM JUDGMENT OF JUDGE L R HARVEY Copies to: M Kyriak, Kyriak Law Limited, 40-42 Eden Crescent, Auckland mtk@kyriaklaw.co.nz F Geiringer, P O Box 10-201, Wellington 6143 felix.geiringer@terracechambers.co.nz D Hall, P O Box 30411, Lower Hutt 5040 info@mokoia.co.nz Rabin Rabindran, P O Box 5455, Welles...

7. [2017] NZEnvC 139 MacKenzie v Vavasour Investments Limited [pdf, 243 KB]

   ...to register the tree and news reports as to the respondent's intentions. [5] There is no undertaking as to damages lodged with the application. [6] The applicant, who does not appear to be represented by counsel, has not submitted on the law relating to such an application. [7] From the material attached to the applicant's affidavit, including the notification and substantive report for the application and the consideration of that report leading to the Council's de...

8. Q Ltd v WO [2024] NZDT 221 (26 March 2024) [pdf, 197 KB]

   ...abandoned the excess over $30,000. 4. The issues identified to date are: a. What were the terms of the contract? b. Was there a breach of the contract? c. If so, what is the remedy? What were the terms of the contract? 5. The common law of contract applies. 6. There was no dispute about the terms of the contract except that: a. The company’s position is that it was not contracted to project manage and instead its role was a client side project management function of...

9. Kingi v Summersby - Okere Falls Store (2003) 276 Rotorua MB 81 (276 ROT 81) [pdf, 1.6 MB]

   ...clear that there was a difference between the parties as to their rights under the lease. It is probable that I can look at the subsequent conduct of the parties to resolve an ambiguity or as an aid to interpretation in accordance with the general law, but certainly in terms of this Court's ability to receive any evidence, I could look at it if it were relevant. The authorities for the above are set out at paragraph 2.25 at Cross on Evidence, 4th New Zealand Edition 1989. The p...

10. Maiava v Matauri X Incorporation (2010) 10 Taitokerau MB 106 (10 TTK 106) [pdf, 60 KB]

    ...that the Incorporation has been unable to recover costs against Mr Samuels. Finally, she says that it would not be in the interests of justice and would be unfair if Mrs Maiava as a shareholder were not able to prosecute her application. The law [14] Section 79(4) of the Act provides that the Court may order security for costs at any stage of a proceeding. The Court’s power is broadly stated, as compared to Rule 5.45 of the High Court Rules, but is nevertheless concerned with t...